L & S Meats, LLC v. M & R Cattle Company Inc

Filing 20

ORDER - The provisions of the court's earlier, initial progression order remain in effect, and in addition to those provisions, the information regarding Disclosure of Expert Witnesses as set forth in the order will apply. A telephone conferen ce with the undersigned magistrate judge will be held on November 1, 2012, at 2:30 p.m. C.D.T. for the purpose of reviewing the preparation of the case to date and the scheduling of the case to trial. Plaintiff's counsel shall initiate the call. Apart from the deadlines set forth above, any unexpired deadlines will be extended to and merged with the November 1, 2012, telephone conference. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
L & S MEATS, LLC,
Plaintiff,
v.
M & R CATTLE COMPANY, INC.,
Defendant.

)
)
)
)
)
)
)
)
)

7:11CV5011
ORDER

Following a conference with counsel on, pursuant to Fed. R. Civ. P. 16, concerning
matters of importance in scheduling this case,

IT IS ORDERED: The provisions of the court's earlier, initial progression order
remain in effect, and in addition to those provisions, the following shall apply:
1.

Disclosure of Expert Witnesses.1 Each plaintiff, counter-claimant, and

cross-claimant shall, as soon as practicable but not later than June 1, 2012, serve all
opposing parties with the statement required by Fed. R. Civ. P. 26(a)(2) regarding each
expert witness it expects to call to testify at trial pursuant to the provisions of Rule 702, 703
or 705, Fed. Rules of Evidence. Each defendant, counter-defendant, and cross-defendant
shall serve its statement of the expert witnesses it expects to call to testify pursuant to Rule
702, 703 or 705, Fed. Rules of Evidence, pursuant to Fed. R. Civ. P. 26(a)(2) as soon
thereafter as practicable, but not later than August 1, 2012. If necessary to refute the
disclosed opinions of an expert witness of an opponent, a plaintiff, counter-claimant, or
cross-claimant may disclose additional expert witnesses not later than September 18,
2012, provided that the disclosing party then provides all of the information described in
Fed. R. Civ. P. Rule 26(a)(2) and makes the expert witness available for deposition prior
to the date set for completion of depositions. Supplementation of these disclosures, if
originally made prior to these deadlines, shall be made on these deadlines as to any

1

A treating physician m ust be identified pursuant to Fed. R. Civ. P. 26(a)(2)(A), but a treating
physician is not deem ed to be “retained or specially em ployed to provide expert testim ony in a case” so as
to require a written report under Fed. R. Civ. P. 26(a)(2)(B).

information for which supplementation is addressed in Fed. R. Civ. P. 26(e). The testimony
of the expert at trial shall be limited to the information disclosed in accordance with this
paragraph.
2.

A telephone conference with the undersigned magistrate judge will be held

on November 1, 2012, at 2:30 p.m. C.D.T. for the purpose of reviewing the preparation
of the case to date and the scheduling of the case to trial. Plaintiff’s counsel shall
initiate the call.
3.

Apart from the deadlines set forth above, any unexpired deadlines will be

extended to and merged with the November 1, 2012, telephone conference.
DATED this 17th day of February, 2012.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge

2